CHANDRA RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prashant Shukla and Sri Prateek Tiwari, learned counsel appearing on behalf of the applicant Chandra Raj @ Chandra and Sri Vivek Gupta holding brief of Sri Arshad Siddiqui, learned Counsel for the complainant. Sri Anuj Dayal, learned Counsel appearing on behalf of the accused applicants Isha and Shanti as well as Sri Abhinav Srivastava, learned Counsel for the complainant. Sri Nikhil Singh, learned AGA-I for the State in both the cases.

(2.) As common issues and objections have been raised in the abovesaid bail applications, I intend to decide both the applications by means of this common order.

(3.) For the sake of brevity, the facts in brief as emerge from Bail Application No.8192 of 2024 are that an FIR No. 300 of 2024, under Ss. 328, 376-D, 506 IPC read with Sec. 3(2)(v) of SC/ST Act at Police Station Bachhrawan, District Raebareli was lodged against all the accused named in the FIR including the applicant. Subsequently, a charge-sheet was filed, in which, the applicant was charged for an offence under Ss. 328, 376D, 506 IPC only and was not charged under Sec. 3(2)(v) of SC/ST Act. The applicant, Chandra Raj preferred a bail application, which came to be dismissed by the Special Court constituted under the provisions of The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (In short 'SC/ST Act') vide order dtd. 5/6/2024, against which, the present bail application before this Court under Sec. 439 of Cr.P.C. has been filed. In Bail Application No.8751 of 2024, the FIR No.233 of 2024, under Ss. 147, 148, 149, 323, 307, 302, 504, 506, 34 IPC at Police Station Raunahi, District Ayodhya. Subsequently, it appears that Sec. of SC/ST Act was also added, however, as against the applicants, Isha and Shanti only charges under IPC was framed and not under SC/ST Act. The applicants filed a bail applications before the Special Court seeking bail under the Sec. of IPC, which came to be rejected vide orders dtd. 25/7/2024 and 19/7/2024 by the same Special Court, against which, the Bail Application No.8751 of 2024 has been filed under Sec. 439 of Cr.P.C. seeking enlargement on bail.